Penny Auction - Penny Auctions

General:

PennyAuction.ca or PA (“the Website”) is owned and operated by Premium Auctions Inc. (“the company”) based in Vancouver, Canada. The following Terms & Conditions shall apply to the relationship between Premium Auctions Inc., www.pennyauction.ca ("PA"), and the end user ("You" or “user”).

By using any services offered on the PennyAuctions.ca Website, purchasing products or accessing the Website, you agree to be bound by these Terms and Conditions, whether or not you open an account or purchase Products. These Terms & Conditions constitute the entire agreement between Premium Auctions Inc. and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Premium Auctions Inc. with respect of Your use of PennyAuction.ca.

Premium Auctions Inc. reserves the right to change these Terms & Conditions at any time without notice to You. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If you have any questions, concerns, or comments about our Terms & Conditions, please contact us.

You understand that any bidding advice, articles or other information posted on our website, such as under the “How it works” or “Help” section, are only suggestions. PennyAuction.ca shall not be liable or responsible for any action taken by a user on our website or the action of any other person who may have read or been informed of any such information or other written material.

Certain additional terms and conditions may from time to time apply for the use of specific services offered or provided, the sale of specific products or items, and to specific portions or features on our website, such as contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. If there is a conflict between these terms and any such additional terms for or applicable to any such specific service, specific portion or feature of the website, the latter terms shall control with respect to your use of that portion or feature of the website or with respect to such specific service, etc. offered.

PennyAuction.ca will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates; Canada and USA.

Eligibility to participate / Disqualification

Employees or any immediate family member (defined as parents, spouse, siblings and children) and any person residing in the same household of an employee of Premium Auctions Inc. are not eligible to participate in any auctions at PennyAuction.ca under any circumstances.
To be eligible to use our services You must be at least 18 years old and have the legal capacity to enter into binding agreements, and by registering on our website you confirm and represent that You satisfy those requirements.

PA services and auctions are only open to private individuals. Commercial or semi-commercial retailers or resellers are not permitted to participate in any auction or register for our services. The user is allowed to use PA only in his personal capacity. PA reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time and without any prior notice using our services. PA reserves the right to restrict users from bidding if PA suspects that a user is buying the products for retail purposes. PA also reserves the right not to ship products to such users.

Each user may register only once using your physical address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted (exceptions may apply - contact support for any questions). PA will not allow a single credit card to be used in conjunction with multiple user accounts.  PA reserves the right to limit the number of products that each user may purchase in a certain period of time. User must reside in Canada or in the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C.

Win Limits

PA limits the number of auctions that a single user account can win in a 30 day period to a maximum of 15. In addition, a single user account may only win or be winning a maximum of 2 auctions per 24 hour period and 5 per 7 days. PA also limits the number of times a user account can win an item over $450 in value during a 30 day period to one per item. In addition, a user account may only win one item over $199 in a 30 day period.

Disqualification / Account Termination

PA reserves the right to temporarily or permanently disqualify a user, or disable his account at any time, and at its sole discretion. Users may be disqualified when, in the reasonable opinion of PA, a member has violated any laws or the rights of third parties or any provision of these Terms & Conditions. A user will be disqualified if such action will protect the rights of other users or will prevent unauthorized manipulation or use of PA. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual, or any decompilation or reverse engineering of the software used to run PA. In case of a breach of these Terms & Conditions, we reserve the right to withhold deliveries or refunds for bids. Furthermore, we reserve the right to limit the number of auctions a user may participate in or the number of his successfully finished auctions at our sole discretion.

Registration

The Bidding Name / Username

The user represents and affirms that all registration information provided is true and correct, and complete in all respect. During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or misinform other users, may not offend common decency or infringe upon the rights of third parties. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party. If PA receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in PA' sole discretion, Your user account may be frozen until You change the username or PA may permanently close Your account without prior notice to You for violating these Terms & Conditions.

The Password

You are responsible for keeping Your user account password confidential and we accept no liability or responsibility for other parties knowing, coming to know, or seeking to discover any user's password. You agree that PA shall not be liable for any losses caused to You because of any unauthorized access to Your account.  In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password. PA will never ask for Your password apart from login, nor should it ever be provided to anyone, including PA' employees. Each account may only be used by the person in whose name it is registered, and no account may be shared with, accessed by or transferred to, any other person. Any abuse of user accounts, be it to the detriment of third parties or to damage PA, shall result in the termination of the user and the reporting of a crime.

Bids / Bid Packs

You must purchase bidding rights ("Bids") through PA in order to bid on auctions. Bids are available in packages ("Bid Packs") at the currently applicable prices listed on PA under "Buy Bids." User may pay for Bids or Bid Packs with a credit or debit card, or such other payment solutions identified on the Website. Purchased Bids that have not been used in auctions are refundable via Paypal. When a Bid is placed in an Auction, the Bid is deducted from the User's Account and can no longer be used. For example, if a User purchases a Bid Pack with 200 Bids, the first Bid placed by User will subtract one Bid, leaving 199 Bids available to User. Placed Bids will not be refunded under any circumstances. Refunds for Bid Packs are issued in the sole discretion of Company, which reserves the right to not refund the purchase of any Bid Pack. User waives the right to obtain a refund on any Bid Pack purchased prior to User placing any Bid. Every auction is unique and the results of all auctions offered on PA depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable. PA may provide vouchers for Bids if PA so chooses in its sole discretion, such as for customer service or promotional reasons. Any Bids, Bid Packs, or Bid vouchers are valid for one (1) year after purchase or credit to User's account (unless otherwise stated). Any other promotional Bids will be valid for the time period stated in the terms of such promotion.

Users may earn rewards store credits that can only be redeemed in PA's rewards store. These credits are non-transferable between Users. The items and prices in the rewards store are subject to change without notice. The schedule for earning rewards points is located at “here” and is also subject to change without notice.

Payment

Should You not honour a payment for Bid Packs or Products or if payment is returned, You will be charged a returned payment fee equal to $25.00, which is a fair approximation off PA' costs and expenses of such return.. Without limitation to any other rights or remedies, PA reserves the right to disable such User's Account until all obligations are paid in full.

How the Auction Works / Bid Butler / Buy It Now

A bid submitted by the user is a binding offer and constitutes willingness of a user to enter into a binding contract with Premium Auctions Inc. With each bid placed the price of the item on which the user is bidding increases by a pre-set amount. Each Placed Bid will also increase the time remaining on the auction by an amount up to, but no higher than, the displayed timer increment value. Placed Bids will be deducted immediately from the number of Bids remaining in User's account whether or not User wins the auction. All bids placed are not refundable. The auction ends when the time remaining, as determined by the auction timer on PA's servers reaches zero. The User who placed the last Bid before the auction ended is the winner of the Auction Item, as determined by PA's database records. PA's decision regarding who is the last bidder shall be final. The winning User is responsible for paying the final bid price, shipping, and other charges.

Sometimes the time may differ from our servers to our users' web browsers. A user's timer should therefore only be viewed as an indication of the auction time. The possible time difference may be caused by a slow internet connection or an old web browser. That means that the browser may show zero even when there is time remaining on the auction. However, this does not mean that the auction is over. The user who at such time placed the last and highest bid wins the auction, and is obligated to purchase the product at the winning price.
Bids are not valid until they are entered in the PA database and registered in our system. PA shall not be responsible for any disruptions in the user’s computer or internet connection, or because of any errors that may occur as a result thereof, including, but is not limited to, any incorrect countdown of the remaining time, outdated bidder information and bids. PA reserve the right to pause all auctions, change the bidding time of on-going auctions and open closed auctions on suspicion of disruptions in operations.

Bid Butler - Autobidder

Users can place bids by either manually clicking the relevant bid button or by using the automatic Bid Butler function. The Bid Butler is an automated feature that lets users bid on an auction even when they are not on-line or logged in. The Bid Butler automatically places bids according to the user’s instructions. No user may use any bidding software, and any breach thereof will result in the user’s immediate disqualification from any further use of our services, and liability for any and all losses caused. For more information on the Bid Butler, consult the “How it works” section. Bids must be purchased and paid for in advance in the form of “bid packages”, at the current prices listed on our website.
Frequent or repeated bidding at PA, whether manually or through Auto Bidder, can incur high costs. Users should closely monitor to their bidding practices and check their charges regularly. Users are solely responsible for all costs of bidding, including manual Bid charges and Auto Bidder charges.

Buy It Now

In some auctions we may, in our sole discretion, also offer users a “Buy It Now” option, where the users can purchase the product during the time stated. When a user clicks on the “Buy It Now” button, it allows a user to buy the auctioned product using 100% of the value of the bids already spent in that auction. After buying the product with the “Buy It Now” option the user may no longer participate in that particular auction and the auction will continue uninterrupted for all other users.. The final total purchase price (including sales taxes and shipping costs) must be paid in full by the user within 14 days of the Buy it Now option being exercised. If payment is not received within this time, PA is allowed to withdraw from the purchase contract. Refunds will not be issued for Bids placed in an auction. The value of any bids spent above the Buy It Now value will not be refunded. The value of the products/items is based on the Manufacture Suggested Retail Price. PA cannot guarantee that a corresponding product is available elsewhere at a lower or higher price. All purchases pursuant to a Buy It Now option shall be subject to the user’s payment in full of all amounts due for the product (including all shipping and handling charges, and sales taxes) within 72 hours after exercise.  Unless payment is received in full within such time the user’s right and Buy It Now option to purchase and receive the product is automatically withdrawn and cancelled, and the user shall not be entitled to a refund of any bids placed on the product by such user.

Won Items / Acceptance / Payment

After an auction has ended, the last bidder (the “winner”) must go to “My Account”. My Account will display information such as total price (including shipping costs) and payment options will be displayed. The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button, the win is accepted and payment has to be made within 72 hours. If an auction win has not been confirmed and paid within 10 days of the auction end date, PA reserves the right to withdraw the offer to conclude the contract; the winner’s right to pay for and receive delivery of any items will be permanently revoked. All bids placed in that auction expire and are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail. The item will not be sent to the user until the total price has been paid to Premium Auctions Inc. A similar requirement for delivery is that all bids purchased and used by the user and any previous returned payment fees have been properly paid for. PA may block access to User's account and withhold delivery of Won Items until any overdue Account Balance is paid, including returned payment fees. Should bids that have already been purchased and used not have been paid for, any payments received shall be viewed as payment first toward the bids not yet paid for; we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full. PA will provide User with a receipt upon confirmation of the purchase by User and full payment of the Purchase Price. PA shall not be responsible for any payment or shipping problems related to or caused by any action or failure to act at or by any of their suppliers, and without any fault of PA.

Products will be shipped no later than 14 days after payment confirmation is received. The buyer must also provide an accurate delivery address and telephone number on the account before shipment can be arranged (registration using PO Boxes or equivalents is not permitted).

Cancellation / Return / Exchange / Delivery

Unless otherwise indicated on the individual item description, User may cancel the contract and return the Purchased Item within thirty (30) days from the date that Company shipped such item. An exception to the right to cancel is audio or video recordings or computer software that the customer has unsealed. These items are not eligible for return or refund. Unless otherwise stated, all delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. To cancel the contract for a Purchased Item, User must inform Company in writing by letter or email to the address specified below within the period indicated on the individual item description where if no period is given in the item description Company must receive the Purchased Item returned by User within thirty (30) days after the date that Company shipped the item to User. All Bids and fees associated with the auction, other than the final bid price, remain non-refundable if User returns the Purchased Item. Cancellations and returns will not be accepted by phone.  All correspondence regarding returns must be sent to the following address:

Premium Auctions Inc.
750, 141-6200 McKay Avenue
Burnaby, B.C. V5H4M9
By email: please use the contact form.

In order to complete a cancellation and return, a User must return the received Purchased Item in the same packaging and condition in which it was sent by Company. User is solely responsible for return shipping costs and for shipping insurance. If Company incurs any costs for insufficient postage on the return or other irregular charges, such amounts will be deducted from the refund amount. The Purchase Price, less original shipping and other fees, will be refunded within thirty (30) days after Company's receipt of the Purchased Item. Company may charge a reasonable restocking fee, not to exceed thirty dollars ($30) for any returned item, which will also be deducted from the refund amount. If User is unable to return the service or product received or only able to return it in part or only in a depreciated condition, the amount refundable will be reduced proportionally, as applicable.
Any product damaged during shipment or any packaging damaged during shipment must be reported by the purchaser to PA immediately upon delivery. If PA shall be unable to deliver the exact item purchased, PA and User will agree on a substitute item with a comparable or better replacement product with the same or better features, or provide a full refund of the auction end price plus all taxes and shipping charges to the purchaser. PA will not refund the value of the placed bids if a purchased product/item is returned. If the product/item was bought after winning an auction then the auction price and shipping and handling cost will be refunded. If the product/item was bought by using Buy It Now then the additional Buy It Now payment and shipping and handling will be refunded.

Should PA incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer.

Delivery

Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made solely within the provinces and territories of Canada and within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Delivery information for each item is found on the individual item description page.

Service and Support for Products Purchased

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

Withholding of Payment; Transfer of Title

User may withhold payment for a Purchased Item only to the extent of any undisputed amounts in question. Company retains title to all Purchased Items until User's full Account Balance, or such other amount agreed upon in writing by Company and User, is paid.

Disruptions in Operations and Temporarily Paused Auctions

PA’ service is normally always available 24 hours per day, 7 days a week. However, we cannot promise or guarantee constant and uninterrupted service. A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in the system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and PA reserves the right to postpone the date and time of an auction’s close as a result of unexpected disruptions in operations. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults “). Premium Auctions Inc. therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, Premium Auctions Inc. shall not be liable for any damage whatsoever incurred by auction users or third parties from using PA’s services. In particular, Premium Auctions Inc. shall not be liable for damage that occurs due to bids submitted by auction users not being received by PA or not being received promptly or not being considered, as a consequence of technical faults. Premium Auctions Inc. shall not be liable for any loss, detention, default, damage, or delay in fulfilling the obligations under these Terms & Conditions caused by or resulting from conditions or causes beyond its reasonable control including, but not limited to, shortage of water, power, facilities, materials, and supplies, breakdowns in or the loss of production, acts of God, war, mobilization, strikes, lockouts, labour controversies, riots, fire, flood, explosion, governmental controls or regulations, embargoes, wrecks or delays in transportation, labour disputes, civil insurrection, civil or military authority, inability to obtain necessary labour, materials, or manufacturing facilities due to such causes or delays of subcontractors or suppliers in furnishing materials or supplies due to one or more of the foregoing causes.

Disclaimer of Warranty; Limitation of Liability

USER EXPRESSLY AGREES THAT USE OF PENNYAUCTION.CA WEBSITE IS AT USER'S SOLE RISK. NEITHER PREMIUM AUCTIONS INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PA.? PA IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, PA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.?IN NO EVENT WILL PREMIUM AUCTIONS INC., OR ANY PERSON OR ENTITY INVOLVED IN USE OF A PA AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PA. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PA’ WEBSITE.?IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PREMIUM AUCTIONS INC., NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON PA’ WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, PREMIUM AUCTIONS INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

Disclaimer of Warranty and Limitation of Liability Regarding Purchases from Company

ALL PURCHASED ITEMS ARE SOLD WITH THE MANUFACTURER'S LIMITED WARRANTY ONLY. PREMIUM AUCTIONS INC. ASSUMES NO FURTHER WARRANTIES. THE WARRANTY PERIOD AND SERVICE PLAN WILL VARY BY MANUFACTURER AND PRODUCT. THE FULL TEXT OF ANY SUCH WARRANTY IS AVAILABLE, FREE OF CHARGE, UPON WRITTEN REQUEST MAILED TO PREMIUM AUCTIONS INC. ALL WARRANTIES ARE EXCLUDED FOR THE DELIVERY OF ANY NON-NEW PURCHASED ITEMS.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, ALL PURCHASED ITEMS ARE SOLD ON AN "AS IS/WHERE IS" BASIS (WITH ALL FAULTS) AND PREMIUM AUCTIONS INC. MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY AND PREMIUM AUCTIONS INC. OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY AUCTION OR PURCHASED ITEM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. PREMIUM AUCTIONS INC. WILL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY PREMIUM AUCTIONS INC.. IN NO EVENT WILL PREMIUM AUCTIONS INC. BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO SUCH PRODUCTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS OF USE, OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT, OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Indemnity

The user hereby agrees to indemnify and hold Premium Auctions Inc., its subsidiaries, shareholders, directors, officers, employees and agents, lawyers, affiliates, accountants, licensors, and other partners, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, suffered by PA, or made or suffered by any third party due to or arising out of your use of the Website or any of the Services in violation of these terms of use and this Agreement; arising from your breach of these terms; arising from your violation of applicable law or court order; and/or arising from your negligence.

Intellectual Property

All PA logos are trademarks of Premium Auctions Inc., or any of its subsidiaries where applicable. All rights are reserved. All other trademarks appearing on PA are the property of their respective owners.

Premium Auctions Inc. is the owner or licensee of all intellectual property rights on the PA website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved.
Protection of Data: Collection, Processing, and Use of Personal Information.
The protection of User's data is very important to us. For more information on the collection, processing, and use of personal data, please read our privacy policy.

External Links:

PennyAuction.ca may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the PA website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

Termination

Notwithstanding any of these terms and conditions, Premium Auctions Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use PA, and to block or prevent future access to and use of PA.

Applicable Law / Severability Clause

This Terms & Conditions and your use PA shall be governed by the laws of the Province of BC and the laws of Canada applicable therein without regard to its conflicts of laws principles. The parties hereto unconditionally attorn to the jurisdiction of the courts of Vancouver, British Columbia, Canada, and all courts competent to hear appeals there from. The UN Convention on the International Sale of Goods shall not apply.

Amendment.

Premium Auctions Inc. reserves the right to amend the Terms from time to time, in its sole discretion. All Users will be subject to the Terms in force at the time that they place a successful Bid on any Auction Items, unless a change to such policies or terms and conditions is required to be made by law or governmental authority. If Premium Auctions Inc. amends the Terms after User has won an auction but before such User has accepted Premium Auctions Inc.'s offer for User to purchase the Won Item, User has seven (7) business days to notify Premium Auctions Inc. in writing of User's objection to any amended Terms or User will be deemed to have accepted such changes.

Note:
We would like to advise all users to monitor their bidding practices. Placing bids online at www.pennyauction.ca frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.